Changeset - b17d0710acbe
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 21:34:09
bkuhn@ebb.org
Reword paragraph.
1 file changed with 15 insertions and 17 deletions:
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gpl-lgpl.tex
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@@ -2956,25 +2956,23 @@ through their weak and unorganized market power.  Even limited to User
 
Products, the provision addresses the fundamental problem. Therefore, the
 
technical restrictions provisions to User Products.
 

	
 
% FIXME-LATER: link \href to USC 2301
 

	
 
The core of the User Product definition is a subdefinition of ``consumer
 
product'' taken verbatim from the Magnuson-Moss Warranty Act, a federal
 
consumer protection law in the United States: ``any tangible personal
 
property which is normally used for personal, family, or household
 
purposes.''\footnote{15 U.S.C.~\S\ 2301.}  The United States has had
 
three decades of experience of liberal judicial and administrative
 
interpretation of this definition in a manner favorable to consumer
 
rights.\footnote{The Magnuson-Moss consumer product definition itself
 
has been influential in the United States and Canada, having been
 
adopted in several state and provincial consumer protection laws.}  We
 
mean for this body of interpretation to guide interpretation of the
 
consumer product subdefinition in section 6, which will provide a degree
 
of legal certainty advantageous to device manufacturers and downstream
 
licensees alike.  Our incorporation of such legal interpretation is in
 
no way intended to work a general choice of United States law for GPLv3
 
as a whole.  The paragraph in section 6 defining ``User Product'' and
 
``consumer product'' contains an explicit statement to this effect,
 
bracketed for discussion.  We will decide whether to retain this
 
statement in the license text after gathering comment on it.
 
consumer protection law in the USA found in 15~USC~\S2301: ``any tangible
 
personal property which is normally used for personal, family, or household
 
purposes.''  The United States has had three decades of experience of liberal
 
judicial and administrative interpretation of this definition in a manner
 
favorable to consumer rights.\footnote{The Magnuson-Moss consumer product
 
  definition itself has been influential in the USA and Canada, having been
 
  adopted in several state and provincial consumer protection laws.}
 
Ideally, this body of interpretation\footnote{The FSF, however, was very
 
  clear that incorporation of such legal interpretation was in no way
 
  intended work as a general choice of USA law for GPLv3.} will guide
 
interpretation of the consumer product subdefinition in GPLv3~\S6, and this
 
will hopefully provide a degree of legal certainty advantageous to device
 
manufacturers and downstream licensees alike.
 

	
 
One well-established interpretive principle under Magnuson-Moss is that
 
ambiguities are resolved in favor of coverage.  That is, in cases where
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